Voices of Wetlands v. STATE WATER RES. BD.

Good Law

157 Cal. App. 4th 1268·69 Cal. Rptr. 3d 487

Court of Appeal of CaliforniaJanuary 10, 2008H028021California31,488 words

Opinion

Sarah Gemma Flanagan, Pillsbury Winthrop Shaw Pittman, LLP, San Francisco, CA, for Real Parties in Interest and Appellants.

McADAMS, J.

This litigation arose from administrative approvals of a project to modify the Moss Landing Power Plant, which is located in Monterey County. In connection with state energy commission certification proceedings for the project, the regional water board issued a federal water pollution permit. Appellant challenged the issuance of that permit. Following two judicial hearings punctuated by an administrative remand, the trial court dismissed appellant's administrative mandamus petition. This appeal and cross-appeal followed. The complex issues before us include procedural challenges to the trial court's jurisdiction and to its interim remand. The parties also dispute the sufficiency of the evidence supporting issuance of the water permit, both before and after remand, and the proper application of the governing statute. For reasons explained in this opinion, we affirm the trial court's final judgment denying appellant's petition for writ of mandate.

The Parties: This action was initiated by Voices of the Wetlands, petitioner below and appellant and…

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Parties

Voices of Wetlands
Plaintiff
STATE WATER RES. BD.
Defendant

Judges

McAdams

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